RFP for 2023 Bridge Creek Wildlife Area Aerial Fertilization Project.pdf

OREGON DEPARTMENT OF FISH & WILDLIFE

REQUEST FOR PROPOSAL (RFP)

(Intermediate Procurement)

OregonBuys # S-63500-00005345

FOR

2023 Bridge Creek Wildlife Area Aerial Fertilization Project

Issue Date: January 10, 2023

Solicitation Questions/Clarifications Deadline: 3:00pm January 17, 2023

Proposal Due Date: Thursday 3:00pm January 24, 2023

Tentative Issue of Notice of Intent to Award: January 31, 2023

Date to Begin Services: April 3, 2023

SINGLE POINT OF CONTACT (SPC): Alan Hansen, Contract Specialist II

ADDRESS: 4034 Fairview Industrial Drive SE Salem OR, 97302

PHONE (VOICE): (503) 947-6134

E-MAIL: alan.s.hansen@odfw.oregon.gov

COVER PAGE

mailto:lan.s.hansen@odfw.oregon.gov

ODFW Tracking #: 635-508-22

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: SOLICITATION ADDENDA

SECTION 4: RESERVATION OF RIGHTS

SECTION 5: PROPOSAL FORMAT

SECTION 6: ODFW CONTACT PERSON AND PROPOSAL DELIVERY INSTRUCTIONS

SECTION 7: ACCEPTANCE OF TERMS AND CONDITIONS

SECTION 8: CONSIDERATION, FUNDING AND POSSIBLE AMENDMENTS

SECTION 9: SCOPE OF WORK & SPECIFICATIONS

SECTION 13: PROPOSER SELECTION AND CONTRACT AWARD

SECTION 14: NEW INSURANCE REQUIREMENTS

SECTION 15: FOREIGN CONTRACTOR

SECTION 16: PUBLIC RECORDS

SECTION 17: COST OF PROPOSALS

SECTION 18: NO CONTRACTUAL OBLIGATION

SECTION 19: RECYCLABLE PRODUCTS

SECTION 20: EQUAL OPPORTUNITY EMPLOYER

SECTION 21: ANTICIPATED CONTRACT AMENDMENTS

SECTION 22: NON-DISCRIMINATION AGAINST MINORITY, WOMEN OR EMERGING SMALL BUSINESS 12

ATTACHMENT 1 PROPOSAL COVER SHEET

ATTACHMENT 2 REQUEST AND AUTHORIZATION FORM

ATTACHMENT 3 SCORED PROPSOAL COMPANENTS

ATTACHMENT 4 PRICE PROPOSAL & MANDATORIES CERTIFICATION FORM

EXHIBIT A – SAMPLE CONTRACT

SECTION 1: INTRODUCTION

The Oregon Department of Fish and Wildlife (ODFW or Agency) owns or manages by agreement nearly 200,000 acres of land in more than 20 wildlife areas for wildlife use and public recreation.

Oregon's wildlife areas serve the needs of wildlife as well as wildlife-oriented recreation.

Establishment and maintenance of wildlife areas and other resource properties is an integral part of ODFW’s Mission to “protect and enhance Oregon’s fish and wildlife and their habitats for use and enjoyment by present and future generations.” The ODFW has authorization to conduct wildlife management activities under ORS. 496.012.

The Oregon Department of Fish & Wildlife, John Day Watershed Wildlife Habitat Program, is seeking a contractor (hereafter “Contractor” or “Provider”) to provide a helicopter or fixed wing aircraft equipped for fertilizer application, and an experienced pilot for aerial application. To conduct fertilizer application on approximately 400 acres of rangeland at Bridge Creek Wildlife Area (BCWA) from April 2023 thru May 2023.

Subject to the provisions of Section 8, the maximum term of the contract resulting from this RFP (the “Contract”) shall be two (2) months and will become effective upon last date of signature by all parties thereto. ODFW may seek authority to make one or more amendments (the “Anticipated Amendments”) to the Contract for the purpose of extending the term of the Contract and the maximum not-to-exceed compensation payable under the Contract or to modify the Services to be provided by the Contractor.

This solicitation process shall be carried out pursuant to applicable Oregon Revised Statutes (“ORS”) 279B.070 and Oregon Administrative Rule 125-247-0270. This RFP is open to all independent contractors who submit a written response (“Proposal”) which complies with the Mandatory Proposal Contents described in Section 10, hereinafter the “Proposer(s)”.

SECTION 2: SOLICITATION ADDENDA

Any substantive interpretation, correction or change to this solicitation will be made by written addendum and will be issued by ODFW. Interpretations, corrections or changes to this RFP made in any other manner will not be binding. Oral instructions or information concerning the RFP or its requirements given by ODFW shall not be binding until documented by written addenda.

Notice of addenda issued, if any, will be posted on the Oregon Department of Administrative Services (DAS) Oregon Procurement Information Network (ORPIN), located at the following website: http://orpin.oregon.gov/open.dll/welcome. It is the responsibility of the Proposer to monitor ORPIN for issuance of addenda.

SECTION 3: SOLICITATION REQUESTS FOR CHANGE

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-247-0270). Agency will not be accepting protests. Questions, including requests for explanations of the meaning or interpretation of provisions of this RFP, and Solicitation must be submitted to the person and address indicated in Section 6. The questions may be delivered via U.S. Mail or courier, hand-delivery, e-mail or fax and must be received by ODFW no later than the date and time indicated on the Cover Page of this RFP. Questions received past the specified deadlines will not be accepted.

SECTION 4: RESERVATION OF RIGHTS

ODFW reserves all rights regarding this RFP including, without limitation, the right to:

4.1 Cancel the solicitation, or reject in whole or in part, any or all Proposals when the cancellation or rejection is in the best interest of the contracting agency as determined by the contracting agency, in accordance with ORS 279B.100.

http://orpin.oregon.gov/open.dll/welcome

4.2 Modify the proposed timeline for the solicitation process for this RFP with appropriate notice to prospective Proposers. The proposed dates represent a tentative schedule of events. All times are local (Pacific) times.

4.3 Waive any minor irregularity, informality, or non-conformance with the provisions or procedures of this RFP, and to seek clarification of each Proposal, if required.

4.4 Reject any Proposal that fails to substantially comply with all prescribed RFP procedures and requirements including the alteration of forms required to be submitted as part of the response.

4.5 Require interview(s) of some or all of the Proposers.

4.6 Postpone award or execution of the resulting contract to complete reference check(s).

4.7 Reject a Proposal based on (a) negative reference check(s), negative claims history, Negative financial audit or for any reason within the scope of ORS 279B.110. See also, OAR 125-247-0640.

4.8 Amend, within the Scope of Work, any contracts that are a result of this RFP.

4.9 Engage contractors by selection or procurement independent of this RFP and/or any contracts under it;

4.10 Negotiate with the successful Proposer to develop a Statement of Work within the Scope of Work described in this RFP.

4.11 Enter into direct negotiations with a Proposer without evaluation of Scored Evaluation Components if there is only one Proposal to this solicitation and that Proposal is judged responsive to this solicitation.

4.12 Reject Proposals that are deemed illegible or too difficult to read.

4.13 Reject Proposals considered by ODFW to be non-responsive to this solicitation.

SECTION 5: PROPOSAL FORMAT

To simplify and expedite Proposal evaluation and to ensure that each Proposal receives the same orderly review, all Proposals must follow the format described in this Section 5.

5.1 Proposals must be in the form of a Proposal “package” containing one (1) original copy of the Proposal.

5.2 Proposals should be prepared in a simple, economical manner, without stiff binders or covers, fastened in the top left-hand corner.

5.3 Attachment 1(the Proposal Cover Sheet), Attachment 2 (Request and Authorization to Release Information, Release of Liability/Claims, and Agreement Not to Sue), Attachment 3 (Scored Proposal Components Form), and Attachment 4 (Price Proposal and Mandatories Certification Form) must be completed and placed on top of the Proposal.

SECTION 6: ODFW CONTACT PERSON AND PROPOSAL DELIVERY INSTRUCTIONS

6.1 ODFW Contact Person.

All contact regarding this RFP must be directed to the ODFW Contact Person identified below.

Contact with other ODFW staff regarding this project without prior clearance from the Contact Person shown below may lead to disqualification. The ODFW Contact Person is:

Single Point of Contact: Alan Hansen Address: 4034 Fairview Industrial Drive SE City, State, Zip Salem, OR 97302 Phone (voice) 503-947-6130 E-mail: alan.s.hansen@odfw.oregon.gov mailto:alan.s.hansen@odfw.oregon.gov

6.2 Proposal Delivery

The Proposal must be addressed as indicated below. Proposers are solely responsible for the means of Proposal delivery. PROPOSERS ARE ENCOURAGED TO CONFIRM DELIVERY WITH THE

CONTACT PERSON PRIOR TO PROPOSAL DUE DATE.

PROPOSALS MUST BE RECEIVED NO LATER THAN THE PROPOSAL DUE DATE SPECIFIED ON THE

COVER PAGE. LATE PROPOSALS WILL NOT BE ACCEPTED.

Bid Close: January 24, 2023 at 3:00 p.m.

Mail, fax, E-mail, or deliver Proposals in person, addressed as follows:

MAIL:

2023 Bridge Creek Wildlife Area Aerial Fertilization Project

ODFW OREGONBUYS S-63500-00005345

OREGON DEPARTMENT OF FISH AND WILDLIFE

Alan Hansen/ Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

E-Mail Address: odfw.bids@odfw.oregon.gov

When E-Mailing in bids, Proposers must address the Subject line as follows:

Subject: BID FOR ODFW OREGONBUYS S-63500-00005345 (Due January 24th, 2023 at 3:00 p.m.)

SECTION 7: ACCEPTANCE OF TERMS AND CONDITIONS

The Proposal is an offer to enter into a contract that, if accepted for award by ODFW will result in a contract substantially in the form attached hereto as Attachment 5. A Proposer shall not make a Proposal contingent upon The Department of Fish & Wildlife’s acceptance of specifications or contract terms that conflict with or are in addition to those contained in the RFP.

Proposers must submit requests for changes of particular RFP or sample contract provisions, specifications, or other contract terms and conditions in accordance with Section 3.

SECTION 8: CONSIDERATION, FUNDING AND POSSIBLE AMENDMENTS

8.1 Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment. Interim payments to Contractor shall be subject to ORS 293.462, and shall be made in accordance with the payment schedule and requirements in Exhibit A. Agency will pay only for completed Work that is accepted by Agency. Contractor shall submit invoices to Agency’s Accounts Payable Unit noting the Contract Number and Contract Administrator, Pat Matthews to: 4034 Fairview Industrial Drive SE, Salem, OR 97302, for Work performed. Notwithstanding any other term of this Contract, ODFW will not make any payment to the Contractor until the ODFW’s Contract Administrator has approved the invoice of expenditures. Payment to the Contractor will be made within forty-five (45) days following approval of the invoice of expenditures. If there are problems with the invoice submitted by the Contractor, the ODFW’s Contract Administrator will notify the Contractor about those concerns. Reference Exhibit A, Part IV. for Payment Provisions.

mailto:odfw.bids@odfw.oregon.gov

8.2 Funds Available and Authorized; Payments: Contractor shall not be compensated for Work performed under this Contract by any other agency or department of the State of Oregon.

Agency certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within the Agency's current biennial appropriation or limitation.

Contractor understands and agrees that Agency's payment of amounts under this Contract is contingent on Agency receiving appropriations, limitations, allotments or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

8.3 ODFW may seek authority pursuant to ORS 279B.070 and OAR 125-246-0170 to amend the Contract for the purpose of extending the term and the maximum not-to-exceed compensation payable under the Contract or to modify the Services to be provided by the Contractor.

SECTION 9: SCOPE OF WORK & SPECIFICATIONS

9.1 General Information:

The Bridge Cr Wildlife Area is heavily used as winter range for Rocky Mountain Elk and Mule Deer. For the past several year ODFW has been restoring the grasslands/pastures of the wildlife area to remove invasive annual grasses and promote native perennial grasses and provide higher quality forage for deer and elk.

ODFW has applied herbicide to control annual grasses, followed by an application of grass seed. An application of fertilizer will help promote perennial grass(s) establishment and increase forage resources for wintering elk and deer populations.

9.1.1 Description of work:

Contractor will provide a fixed-wing or helicopter, experienced Pilot, calibrated fertilizer spreader to apply granular fertilizer at 170 lbs. per acre, and if needed support services including a fuel truck with licensed driver for applying fertilizer on up to 400 acres at Bridge Cr Wildlife Area, near Ukiah Oregon. All flight operations will be based out of La Grande/Union County Airport, 60175 Pierce Road, La Grande, OR 97850. Contractor will be required to have auto shut off and turn on equipment in order to stay within designated polygons.

TASKS:

Contractor will:

1. Apply fertilizer to designated area at a rate of 170 lbs./acre

2. Maintain GPS track logs of applicated area

3. Contractor will be finished with application by May 1st 2023

ODFW will:

1. Coordinate delivery of awarded fertilizer bid to La Grande/Union County Airport.

2. Provide a shape file of desired application area.

I. PAYMENT METHOLODOGY

Contractor will be paid on a per acre basis once the work has been completed.

II. DELIVERABLE REVIEW & ACCEPTANCE PROCESS

GPS tracks of treatment area will be provided to ODFW once application in complete.

ODFW will be onsite at a safe location to view application in progress.

9.1.2 Re-Treatments

If fertilization application results in skips of untreated areas between application passes that equals or exceeds 10% or (25.5 acres) of the project area Contractor will re-treat at their expense.

ODFW will provide fertilizer and revised map of skip areas. Assessment of application effectiveness will be determined by ODFW prior to the contract termination date.

9.2 Safety Procedures:

The Contractor’s pilot must communicate and maintain all safety procedures. Safety procedures will not be compromised at any time during the contract.

9.3 Aircraft or Equipment Break Down:

Should the helicopter or fixed wing aircraft or other essential equipment break down and cause delay or termination of the operation, the equipment shall be repaired or replaced within 48 hours to allow continuance of the project. All aircraft repairs must be made in accordance with FAR Part 137 standards before the operation proceeds.

9.4 Pilot to be provided: as described in section 10.1.2 Mandatory Proposal Components

9.5 Additional or Substitute Fixed Wing Aircraft or Pilot:

If for any reason an additional or substitute fixed wing aircraft or pilot is required to complete the work required under this contract, it will be the responsibility of the contractor to supply or subcontract the same, within 48 hours, and with ODFW approval, at the contractor’s expense.

The contractor must specify names of pilots provided for this contract and may not provide substitute pilots without prior approval by ODFW.

9.6 Poor Pilot Performance:

ODFW reserves the right to ground any pilot who, in its sole opinion, violates Contract requirements, is unsafe, or otherwise performs unsatisfactorily. Contractor will be required, within 48 hours, to replace the grounded pilot. All replacements shall be approved in advance of use under the contract by ODFW. Failure to furnish a replacement pilot within the specified time will authorize ODFW to assess Contractor the amount of $500 per day for delay.

9.7 Damages:

Contractor shall deliver within the time indicated in Sample Contract (Exhibit 1). Should Contractor fail to meet the delivery schedule, thereby making it necessary for the State to purchase urgently needed services from another source, Contractor shall pay the difference between the accepted bid price and the new purchase price.

SECTION 10: PROPOSAL CONTENTS and EVALUATION CRITERIA

This section of the RFP identifies areas that ODFW has determined are necessary to evaluate whether the Contractor can successfully accomplish the services covered by this RFP. Proposals shall clearly address each of the areas identified. Proposer’s failure to comply with the instructions or submittal of an incomplete Proposal may result in Proposal being deemed non-responsive, except that ODFW reserves the right to waive minor irregularities.

10.1 Mandatory (pass/fail) Proposal Components

Proposals not in compliance with the following Mandatory Requirements will be rejected. At a minimum, responses to the solicitation shall include:

10.1.1 Aircraft to be provided:

The contractor is required to provide a helicopter or fixed wing aircraft to meet the requirements of sections 9.1.1 through 9.1.2 above.

All aircraft are required to have a G.P.S. navigational system. The aircraft must currently be certified and maintained in accordance with Federal Aviation Regulations (FAR) Part 137 standards. Aircraft must be qualified for the work and terrain required in accomplishing the work and approved by FAA. Substitute or back-up aircraft must meet the same standards as the original aircraft requirements as specified. All approved aircraft shall be authorized to perform the requirements of this contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements. ODFW reserves the right to check the background of any aircraft and may reject any bid if unfavorable information is detected.

10.1.2 Pilot(s) will have flight experience as follows, substantiated by pilot logbook:

- Minimum of 1000 hours of fixed wing flight time with aircraft equivalent to this contract’s requirements.

- Minimum of 500 hours of low elevation (<500 ft.) over variable and rough terrain.

- Minimum of 500 hours of flying altitudes up to 6,500 ft.

- Aircraft pilots must be qualified in accordance with FAR Part 137 and AC 137-1.

Substitute or back-up pilots must meet the same standards as the original pilot requirements as specified. All approved pilots shall be authorized to perform the requirements of this contract in compliance with the current FAA and Oregon State Division of Aeronautics’ rules and regulations, as applicable to such requirements.

The ODFW reserves the right to check the background of any pilot through the Federal Aviation Administration. If substantiated information is found showing poor performance, safety violations, failure to fulfill contractual obligations, minimum requirements not being met, or any other unfavorable information; ODFW reserves the right to reject any pilot/contract for purposes of this contract.

10.1.3 Fixed Wing Aircraft and pilot must be FAR Part 137 certified.

10.1.4 Bidder Qualifications & References (Attachment 4)

a. Bidder must have a minimum of 3 years of successful professional experience providing goods and/or performing services comparable to those required under this contract, and

b. Bidder must provide at least two current professional references and one professional reference for work (from different firms and clients) supportive of bidder’s ability to comply with the requirements of this contract.

c. Bidder must provide copies of required Aircraft & Pilot FAR 137 certification with Bid.

Bidder Qualifications and Reference forms are provided in this Request for Proposal (Attachment 4). Bidders shall complete this form and return them with their bid. Failure to provide complete and/or accurate information may be cause for bid rejection.

10.1.5 Responses to the Scored Proposal Components identified in Section 10.2. (Attachment 3)

10.1.6 Request and Authorization to Release Information, signed by the Proposer.

(Attachment 2)

10.2 Scored Proposal Components

Proposals shall contain all elements of information requested below. These elements will be evaluated and assigned points as indicated. In responding, use Attachment 3 and 4, as indicated.

Provide full, direct, and substantive responses.

10.2.1. Estimated Fees (Use Attachment 4) 30 Points

The proposer must bid pursuant to requirements on Attachment 4 for the proposed services.

Agency will award to the Pricing Proposal with the lowest Estimated Total Price the maximum points possible (30 Points). Agency will award to Pricing Proposals with higher Estimated Total Prices a percentage of the maximum possible points available relative to the lowest Pricing Proposal Total Price. Agency will use the following formula for this purpose:

For evaluation purposes Agency will calculate a total based on lines 1 thru 7 by multiplying estimated quantity x unit prices for each line.

(L/X)*Y = A, where:

X=Proposed Estimated Total Price being scored L=Lowest Est. proposed Total Price scored Y = Maximum possible points (30) A = Awarded points

Proposals not containing this information may be considered non-responsive and be rejected by the Agency.

10.2.2 Understanding of Requested Services/Project (Use Attachment 3) 20 Points

Demonstrate a clear and concise understanding of the project based on existing information.

Address general description of the purpose and key issues.

10.2.3 General Qualifications (Use Attachment 3) 25 Points

Demonstrate capability to complete the requested services. Response must list projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original budget and deadlines, or needed to be revised. Briefly explain the reason for any revisions. Was any of the experience in conducting big game surveys when working in remote settings?

10.2.4 Pilot(s) Qualifications (Use Attachment 3) 25 Points

List all Pilot(s) flight experience over and above the Mandatory Requirements listed in section 10.1.2.

10.3 Proposal Contents Checklist Summary

Proposals not containing this information may be considered non-responsive and be rejected by the Agency.

Completed Cover Sheet (Attachment 1) Signed Request and Authorization to Release Information (Attachment 2) Scored Proposal Components Form (Attachment 3) Price Proposal and Mandatories Certification Form (Attachment 4) Copies of required Aircraft & Pilot FAR 137 certifications with Bid

SECTION 11: PROPOSAL OPENING

In accordance with ORS 279B.060(5), Agency shall make available the identity of all Proposers after the opening of the Proposals; and Proposals will be available for inspection at the specified delivery location after the Notice of Intent to Award a contract is issued. No information shall be given to any Proposer relative to their standing with other Proposers during the RFP process until a Notice of Intent to Award has been issued.

SECTION 12: PROPOSAL EVALUATION PROCESS

ODFW will conduct an evaluation of the responses received to this solicitation in accordance with OAR 125-247-0260(2)(c). An Evaluation Committee will be established to evaluate and score the Scored Proposal Components. Any attempt by a Proposer to improperly influence a member of the Evaluation Committee during the Proposal review and evaluation process will result in the elimination of that Proposer’s Proposal from consideration.

The evaluation of the responses will be conducted in up to four phases:

Phase 1: Evaluation of Mandatory Proposal Components

Phase 2: Evaluation of Scored Proposal Components

Phase 3: Ranking of Proposals

Phase 4: Interview(s), if necessary

12.1 Evaluation of Mandatory (pass/fail) Proposal Components

The purpose of this phase is to determine if the Proposal meets the Mandatory Proposal requirements listed in Section 10.1. Proposals will be reviewed by the Contracts Administrator to determine if they are complete. Complete Proposals will be forwarded to the Evaluation Committee for evaluation and scoring.

12.2 Evaluation of Scored Proposal Components

Proposals will be scored according to how well the Proposer responds to each of the elements described in Section 10.2, Scored Proposal Components. Each member of the Evaluation Committee will evaluate the Scored Proposal Components of each Proposal. Points given by each evaluator will be summed and divided by the number of evaluators to compute an average performance score for each Proposal.

Possible Scored Proposal Component

30 Estimated Fees (10.2.1)

20 Understanding of Requested Services/Project (10.2.2)

25 General Qualifications (10.2.3)

25 Pilot(s) Qualifications (10.2.4)

100 Total Maximum Points possible per Panel member score

12.3 Ranking of Proposals

Points awarded to each Scored Proposal Component will be added together to determine the total score and the ranking of each Proposal.

12.4 References

Proposers must provide a minimum of 3 references where indicated on Attachment 4. Additional references may be provided on a separate page. ODFW may contact references of highest scoring Proposer(s).

References must have specific knowledge of experience described in qualifications of Key Person(s). Negative reference information may result in elimination from consideration.

12.5 Copies of FAR Certification

Proposers must provide copies of required Aircraft & Pilot FAR 137 certification with Bid.

12.6 Interviews, if necessary

At ODFW’s discretion, an interview process with the top ranked Proposers may be conducted. If an interview process is initiated, ODFW shall decide on the number of high-scored Proposers to be invited for an interview. The method of evaluation, content of interview questions, and other specifics shall be announced at the time Proposers are invited for interview.

SECTION 13: PROPOSER SELECTION AND CONTRACT AWARD

Subject to the provisions of Section 4 and other applicable law, the final selection will be made based upon the highest Proposal score, or, if interviews are held, the final selection will be made based upon the highest total score of Proposal score plus interview score.

ODFW will notify the apparent successful Proposer (“Notice of Award”) and request that the apparent successful Proposer sign a contract in substantially the form set forth as Attachment 5 of this RFP. Every Proposer shall be mailed a copy of the Notice of Award sent to the highest ranked Proposer. If the apparent successful Proposer is not able to execute the contract offered within ten (10) business days of Apparent Successful Proposer's receipt of the contract, or such later date as ODFW may authorize, ODFW may make another selection. If all Proposals are rejected, all Proposers will be promptly notified.

SECTION 14: NEW INSURANCE REQUIREMENTS

During the term of any Contract which may result from this RFP, Contractor shall maintain in force, at its own expense, all insurance coverages stated required in the Contract (Exhibit A)

SECTION 15: FOREIGN CONTRACTOR

If the successful Proposer is not domiciled in or registered to do business in the State of Oregon, Proposer shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to the successful Proposer’s performance of any resulting Contract. Proposer shall demonstrate its legal capacity to perform the services set forth under the Scope of Work under this RFP in the State of Oregon prior to entering into any resulting Contract. The Oregon Secretary of State website can be accessed at http://sos.oregon.gov/business/Pages/default.aspx

SECTION 16: PUBLIC RECORDS

This RFP and one copy of the subsequent selected Proposal(s), together with copies of all documents pertaining to the award of a contract, shall be kept by ODFW and made a part of a file or record which shall be open to public inspection. If a Proposal contains any information that Proposer considers a trade secret under ORS 192.501(2), each sheet of such information must be marked with the following legend:

"This data constitutes a trade secret under ORS 192.501(2) and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 92."

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance", ORS 192.501(2). Therefore, nondisclosure of documents or any portion of a document submitted as part of a Proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

http://sos.oregon.gov/business/Pages/default.aspx

The above restriction may not include fee schedule information, which is generally open to public inspection.

Identifying the Proposal in total as a trade secret is not acceptable and may result in rejection of the Proposal. Failure to identify a trade secret within the Proposal shall preclude Proposer from thereafter claiming that the information was a trade secret.

SECTION 17: COST OF PROPOSALS

All costs incurred in preparing and submitting a Proposal and participating in interview(s), if required, in response to this RFP will be the responsibility of the Proposer and shall not be reimbursed by ODFW. All Proposers who respond to this RFP do so solely at their own expense.

SECTION 18: NO CONTRACTUAL OBLIGATION

All Proposers who submit a Proposal in response to this RFP understand, acknowledge and agree that ODFW is not obligated thereby to enter into a contract with any Proposer.

SECTION 19: RECYCLABLE PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

SECTION 20: EQUAL OPPORTUNITY EMPLOYER

ODFW is an Equal Opportunity Employer and is committed to achieving a workforce that represents the diversity of Oregon, and being a leader in providing fair and equal employment opportunity for all interested applicants and Employees. (ODFW Policy 20.4.1)

SECTION 21: ANTICIPATED CONTRACT AMENDMENTS

The contract, if any, resulting from this RFP may be amended as needed for additional work to meet ODFW’s continued need for Services as described within the Scope of Work of this RFP.

ODFW will directly negotiate with Contractor to finalize the details and costs of the amendment(s).

SECTION 22: NON-DISCRIMINATION AGAINST MINORITY, WOMEN OR EMERGING SMALL

BUSINESS

All Proposers who submit a Proposal in response to this RFP certify that the Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.

SECTION 23: DEBARMENT AND SUSPENSION CLAUSE.

The Recipient or Contractor has certified that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any Federal department or agency. If requested by ODFW, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form certifying this information. Any such form completed by the Recipient or Contractor for this transaction shall be incorporated into this Grant or Contract by reference.

Recipient or Contractor accepts the responsibility to ensure that that it does not enter into either

(a) a sub-grant or (b) a contract with a value of $25,000 or more, with an individual or entity which is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant by any Federal department or agency.

Recipient or Contractor may satisfy this requirement by including this clause in any covered lower-tier transaction by obtaining a certificate (See Exhibit D of Sample Contract) certifying such from the sub-recipient or contractor or by checking www.epls.gov.

http://www.epls.gov/

AUTHORITY: FEDERAL FINANCIAL ASSISTANCE (GRANTS): E.O. 12549: 2 CFR PART 180 AND 2

CFR SUBTITLE B (INDIVIDUAL AGENCY REGULATIONS); FEDERAL PROCUREMENT (CONTRACTS):

48 CFR 9.409; 48 CFR 52.209-6.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=2180e185c719dcacf51a35be3b28c1fb&rgn=div5&view=text&node=2:1.1.1.8.15&idno=2 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=2180e185c719dcacf51a35be3b28c1fb&rgn=div5&view=text&node=2:1.1.1.8.15&idno=2

ATTACHMENT 1 - PROPOSAL COVER SHEET

For OregonBuys RFP # S-63500-00005345

Name of Firm (tax filing):

Street Address:

E-mail address:

Fed Tax ID# or Soc Sec #:

Telephone #:

Business Designation (check one):

Corporation (what state?________) Partnership Sole Proprietorship

Professional Corporation Limited Partnership Other _______________

Limited Liability Company Limited Liability Partnership

The individual signing on behalf of Proposer has the authority to bind Proposer, and certifies that Proposer possesses, or has the ability to obtain, all necessary permits and licenses to perform the Work; and hereby accepts on Proposer's behalf, all terms and conditions contained in this Request for Proposal # _____________, and the attached sample Contract.

Signature of Authorized Representative: Date:

Print Name of Authorized Representative: Title:

List all Addenda of the RFP received:

ATTACHMENT 2 - Request and Authorization Form to Release Information, Release of Liability/Claims, and Agreement not to Sue for OregonBuys RFP #

S-63500-00005345

(This form will be provided to references indicated in Proposal)

To Whom It May Concern:

I, the undersigned, have submitted a response to a Request for Proposal (RFP) to contract with the State of Oregon, Department of Fish & Wildlife. I request and authorize you to furnish to the Oregon Department of Fish & Wildlife (“ODFW”) any and all information you may have regarding my services, including but not limited to, evaluations or assessments of my job performance and educational records.

I request and authorize you to provide the information requested or to participate in a phone or in-person interview with a representative of ODFW.

In consideration of your cooperation with this request, I hereby release you, and any and all other persons employed by or connected with your agency and/or organization from any and all liability and/or claims now or in the future arising from the furnishing of any information, including good faith expressions of opinion, to ODFW as requested. I further agree not to sue ODFW, you, or any and all other persons employed by or connected with your agency/organization as a result of the furnishing of any information, including good faith expressions of opinion, to ODFW.

I am aware and understand that the information and good faith opinions furnished to ODFW pursuant to this request will remain confidential with ODFW if requested by you, and will not be disclosed to me or to any other person, except as required by law.

Name (Please Print) Signature

Date

Note: Photocopy or Fax reproduction of this request shall be for all intents and purposes as valid as the original. You may retain this form for your files.

ATTACHMENT 3 - SCORED PROPOSAL COMPONENTS FORM

For OREGONBUYS RFP # S-63500-00005345 **

Proposals may be submitted on separate paper/format if needed. Please remember any information left out of proposal may lead to being found non-responsive. **

10.2.1. Estimated Fees (Use Attachment 4) 30 points possible

10.2.2 Understanding of Requested Services/Project 20 points possible

10.2.3 General Qualifications 25 points possible

10.2.5 Pilot(s) Qualifications 25 points possible

ATTACHMENT 4 - PRICE PROPOSAL & MANDATORIES CERTIFICATION FORM

FOR OREGONBUYS RFP # S-63500-00005345

The Bidder proposes to furnish all material, equipment and labor, and perform all Work for the State project designated 2023 Bridge Creek Wildlife Area Aerial Fertilization Project for the lump sum and/or unit prices as follows:

ITEM

DESCRIPTION (please list n/a if item is not applicable)

EST.

QTY.

UNIT

UNIT

PRICE

TOTAL

PRICE

1. Price per acre (aerial application) 400 acres _____ $________

2. _____ _____ _____ $________

3. _____ $________

4. _____ $________

5. Any costs not included above (must be itemized)

Grand Total $________

Mandatories:

A. References:

Reference # 1 Company name and address:

Name, and title of contact person: _________________________________________

Telephone number: ____________________________________________________

Nature of work:

Reference # 2

Company name and address:

Nature of work:_________________________________________________________________________

Reference # 3 Company name and address:

Nature of work: _________________________________________________________

B. Type and number of aircraft, aircraft history and equipment:

C. List and detail each pilot (‘s) name. Identify which pilot(s) are primary and which pilots are back-up:

Primary Pilot =

Back up Pilot =

E. List experience, history, and qualifications for each Pilot. Address each Pilot’s experience compared to all criteria listed in 10.2.5.

E. Bidder must provide Copies of required Aircraft & Pilot FAR 137 certifications with Bid.

By signing this document, Contractor certifies that all the mandatories have been met.

Signature Date

Printed Name Title